CompFox AI Summary
The Appeals Board granted reconsideration to modify the award, affirming the finding of industrial injury to the applicant's elbows and the absence of apportionment to prior conditions. The Board rejected the defendant's apportionment arguments, finding Dr. Tauber's opinion on the industrial causation of the current disability sufficient and that the defendant failed to prove overlap with a prior wrist/thumb injury. Finally, the Board amended the award to grant the defendant credit for any temporary disability indemnity paid after the permanent disability indemnity commencement date of November 18, 2002.
Full Decision Text1 Pages
The Appeals Board granted reconsideration to modify the award, affirming the finding of industrial injury to the applicant's elbows and the absence of apportionment to prior conditions. The Board rejected the defendant's apportionment arguments, finding Dr. Tauber's opinion on the industrial causation of the current disability sufficient and that the defendant failed to prove overlap with a prior wrist/thumb injury. Finally, the Board amended the award to grant the defendant credit for any temporary disability indemnity paid after the permanent disability indemnity commencement date of November 18, 2002.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.